DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6921)

DGL SAWING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 SEPTEMBER 2021

Application for approval of the DGL SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the DGL SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the dispute were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and DGL SAWING PTY LTD. The nature of the dispute was the application for approval of the DGL SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The case was heard in the Fair Work Commission.

The legal issues that the court was required to decide were whether the agreement was made in good faith and whether it was appropriate to approve the agreement. The court had to examine the process by which the agreement was made, the content of the agreement, and the bargaining power of the parties involved. The court also had to consider whether the agreement complied with the Fair Work Act 2009.

The court's reasoning and outcome were that the agreement was made in good faith and that it was appropriate to approve the agreement. The court found that the process by which the agreement was made was fair and that the parties had bargaining power. The court also found that the agreement complied with the Fair Work Act 2009. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The final orders made by the court were that the DGL SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023 be approved as a registered agreement. The court also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from 1 July 2020 until 30 June 2023.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established